Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I was employed by the Western Maryland Health System located

Customer Question
in Cumberland, Maryland. I was...
I was employed by the Western Maryland Health System located in Cumberland, Maryland. I was recently terminated (July 5 2016 ) but to wit I actually terminated my employment. During the course of my employment there I was the subject of numerous false reports of failure to perform my job duties, threats to staff, delinquency in reporting back to the facility in a timely manner, all of which was either proven not factual or there were mitigating circumstances. I received a letter today (July 8 2016) barring me from all Hospital properties for the reasons of attempted retaliation for my termination and past abusive behavior while employed. Also stated in this letter was my report of a HIPPA violation and the results of an interior investigation revealed no violations and because I hadn't reported this earlier, due to fear of retaliation towards myself, this was an apparent retaliatory attempt on my part. I have a total of 5 times during my employment there to stop the false reporting being aimed towards me and the behavior never stopped. The supervisors that I met with can be named, just not sure if I should include them in this initial brief correspondence. If this means anything to verify the type of professionalism displayed by the WMHS, I can tell you the color of a Lab technicians pubic hair, as she discussed it with fellow employees while in my presence. The details of what I consider to be false allegations towards me can be discussed in detail if this matter has any merit.
Thank You
Larry C Reams
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 7 minutes by:
7/8/2016
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,094
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Were you terminated for your age/race/sex/disability/national origin or in retaliation for you making a HIPAA complaint?
Ask Your Own Employment Law Question
Customer reply replied 1 year ago
not the HIPPA complaint. The actual termination as I was briefly told was due to an incident which occurred on Friday July 1, 2016 when my manager stated to me that I had not made a delivery. This meeting occurred around 1115 am. I informed my manager that I am not in the area of that delivery until 2pm. He claimed at the time that he was unaware of delivery times and thanked me for clearing the matter up. Later it was learned that a member from the lab made contact with what we refer to as purchasing and they ordered another driver to make the delivery and that driver complained to my manager. Then on Tuesday my manager made contact with me and stated that we had a meeting on 07/5/2016 at 2pm. When I asked why he stated from what we discussed on Friday and would give me no more information.
Customer reply replied 1 year ago
This has been an ongoing issue....false allegations made against me forcing me to document with photographs and informing a confidant. I asked for 5 meeting and proved that all allegations were false or with other circumstances and I simply asked for it to stop. I feel that is the root cause of the termination.
Customer reply replied 1 year ago
My complaint that this was a hostile work environment which seriously interfered with my job performance and also trickled over to my home life.
Customer reply replied 1 year ago
I know this may sound petty to many. But everyday going in there was like feeling of being constantly conspired against. I am glad I am gone because of the pressure that is lifted but this isn't right by any stretch of the imagination.
Customer reply replied 1 year ago
The letter barring me from Hospital property of a result of the HIPPA complaint
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago

Thank you for your reply.

The problem is that under the laws, the employee only has a right to sue for wrongful termination if they prove the termination was based ONLY on their age/race/sex/disability/national origin or in retaliation for them filing a statutory complaint. The US Supreme Court made it very clear that hostile work environment laws were designed to protect employees only for those reasons and the laws were not intended to create a code of civility in the workplace. See: Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998).

So, your only other recourse if you cannot prove one of those reasons above as the only reason for this conduct towards you would be to prove that these people made known false statements about you and as a result of the known false statements you lost money. The suit would be for defamation and it would be against the individuals who made the known false statements, but not the employer.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
My grievance was more towards a hostile work environment while employed more than wrongful termination. The environment created from the false reports and the meetings with the managers providing no relief.
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.
It is not hostile work environment you can sue over unless it was for one of those reasons, which is what the US Supreme Court stated in the case I provided.
Ask Your Own Employment Law Question
Customer reply replied 1 year ago
my HIPPA violation report was not false. The letter stated that the investigation revealed no wrong doing and there fore it was seen as an attempt at retaliation and bared me from the Hospital. The letter also stated reasons of abusive behavior while employed. Do I have any recourse from that at all?
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.
You can file your HIPAA complaint to the US Department of Health and Human Services, they are the sole agency with enforcement authority under HIPAA.
However, your only recourse as I said above, would be suing the individuals who made the known false statements against you and caused these things to happen to you, based on the facts you are providing and the laws.
Ask Your Own Employment Law Question
Customer reply replied 1 year ago
understood...The letter states that if I make any further attempts at filing a HIPPA or damaging statements they will pursue any and all legal remedies against me
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago

Thank you for your reply.

IF the complaint is made during the statute of limitations and it is not false, then they really cannot take any successful legal action against you as you are protected from retaliation for making a valid complaint. However, if the statute of limitations for making a HIPAA complaint has passed, you can no longer file a complaint to the USDHHS.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
Then there is nothing that protects me at all except for an individual defamation case?
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago

Thank you for your reply.

Unfortunately, no, at will employment laws are very slanted towards the employer and not much in favor of the employee except for the reasons I specified above.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
they can go unfettered. very nice. Maybe we do tort reform, was never a big fan of that before today. Ok....I have some things to consider but wouldn't even know where to begin with a defamation case...I have witnesses, incidents, persons of contact...I guess start there...wow I have been a supervisor many times and during very stressful conditions and have never ever treated anyone like I was treated. The world is upside down and backwards my friend
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.
Actually "tort reform" is to limit or stop the number of lawsuits, not increase them.
If you want to pursue a defamation case against those who made known false statements against you, then you will need a local attorney to file the suit. So your first step is put your evidence of the known false statements together and bring them to the local attorney so they can prepare a suit with the proper facts. The attorney has to review the evidence to make sure it is sufficient to proceed to court.
Ask Your Own Employment Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 121,094
121,094 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
It is about wrongful termination. Georgia. There is much to
There is much to this. Yes, I signed a termination paper but was so mad at the time I did not read or get a copy. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
In 2015 I sued my previous employer for wrongful termination
In 2015 I sued my previous employer for wrongful termination and after a year of lawyers speaking back and forth they paid a settlement amount to me. The end result was also a court order for myself a… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question about a potential wrongful termination
Hi Pearl, I have a question about a potential wrongful termination situation … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Can I sue my employer for wrongful termination because of
Can I sue my employer for wrongful termination because of retaliation of people who caused a hostile environment for me? It led to my discharge a couple days ago blaming me I was a good fit for the te… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
I'm facing a possible wrongful termination. I haven't been
Hello. I'm facing a possible wrongful termination. I haven't been able to speak to a manager yet, only the store secretary. Would my first step be contacting my union rep? Ideally I would like to main… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Regarding potential wrongful termination. My company just
regarding potential wrongful termination. My company just fired me without warning and without giving a reason. I did sign At Will agreement. I live in CO and my company's legal HQ in CA. I was a mang… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My case is complex but there was wrongful termination,
My case is complex but there was wrongful termination, discrimination, etc I️ was told that bc the company has 5 employees I️ do not have an employment law case … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,094 satisfied customers
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
In a wrongful termination in retaliation complaint, all I
In a wrongful termination in retaliation complaint, all I have to do is show facts that show all elements of wrongful termination, correct? Thanks.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
What is the statue of limitations on wrongful termination or
What is the statue of limitations on wrongful termination or discrimination? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I had a question regarding wrongful termination. I was
I had a question regarding wrongful termination. I was terminated through a text message and was not given a reason. I understand most employees are at will employees I however never signed any docume… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers
I need to live chat an lawyer for wrongful termination.
I need to live chat an lawyer for wrongful termination … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is a wrongful termination suit viable due to upper
Is a wrongful termination suit viable due to upper management poor business decision making? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
Need advice on employment law/wrongful termination. At will
Need advice on employment law/wrongful termination … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,324 satisfied customers
Is the time limit to file a suit for wrongful termination
is the time limit to file a suit for wrongful termination and or liabel/slander 2years in Virginia? are there any conditions or circumstances that would make the time factor 1year or less? … read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
I have a question about wrongful termination. No. At will,
Hi, my name is ***** ***** I have a question about wrongful termination. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Statute of limitations on wrongful termination in maryland,
statute of limitations on wrongful termination in maryland … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x